Section 20-15-6 – Attorney’s Fees–Exemption.
20-15-6 . Attorney’s Fees–Exemption. In a civil action filed pursuant to § 20-15-5 in which a plaintiff prevails, the plaintiff shall recover reasonable attorney’s fees, in addition to any other remedies available to the plaintiff. However, the plaintiff is not entitled to attorney’s fees under this section if: (1) The plaintiff filed the civil action […]
Section 20-15-7 – Aggrieved Party–Attorney’s Fees.
20-15-7 . Aggrieved Party–Attorney’s Fees. This section may not be construed to limit actions for recovery of special damages filed by any person who suffers an injury in fact because the person was denied full and equal access to an accommodation as required by federal or state law. This section does not apply to charges […]
Section 20-13-38 – Presentation of case–Investigating official’s participation limited.
20-13-38. Presentation of case–Investigating official’s participation limited. The case in support of the charge may be presented at the hearing by one of the division’s attorneys or agents. The investigating official may not participate in the hearing except as a witness nor may he participate in the deliberations of the Commission of Human Rights in […]
Section 20-15-3 – Notice–Form.
20-15-3 . Notice–Form. A notice provided pursuant to § 20-15-2 shall furnish similar information or be in substantially similar form to the following: THIS LETTER IS TO INFORM YOU THAT THE PROPERTY LOCATED AT (address of property), FOR WHICH YOU ARE THE PROPERTY OWNER, AGENT, OR OTHER RESPONSIBLE PARTY, MAY BE IN VIOLATION OF FEDERAL […]
Section 20-13-39 – Respondent’s answer and appearance at hearing–Charging party’s intervention.
20-13-39. Respondent’s answer and appearance at hearing–Charging party’s intervention. The respondent may file a written verified answer to the charge, and may appear at the hearing in person, with or without counsel, and submit testimony. In the discretion of the hearing examiner, a charging party may be allowed to intervene and present testimony in person […]
Section 20-15-4 – Notice–Response.
20-15-4 . Notice–Response. Within fifteen business days after an alleged aggrieved party serves or sends a notice pursuant to § 20-15-2 , the property owner, agent, or other responsible party of the property where the alleged violation occurred shall respond to the notice by personal service or certified mail to the alleged aggrieved party. That […]
Section 20-13-40 – Amendment of charge or answer.
20-13-40. Amendment of charge or answer. The Division of Human Rights or the charging party may reasonably and fairly amend any charge. The respondent may also amend his answer. Source: SL 1972, ch 11, §11 (10); SL 1981, ch 166, §16.
Section 20-15-5 – Remedy–Civil Action.
20-15-5 . Remedy–Civil Action. If a property owner, agent, or responsible party of the property where the alleged accessibility law violation occurred responds in the manner described in subdivision 20-15-4 (2), the property owner, agent, or responsible party shall have thirty days to remedy the alleged violation. The thirty-day period shall begin on the date […]
Section 20-13-41 – Proceedings on default by respondent.
20-13-41. Proceedings on default by respondent. When a respondent has failed to answer a charge at a hearing as provided by §20-13-39 the Commission of Human Rights may enter his default. For good cause shown, the commission may set aside an entry of default within ten days after the date of the entry. If the […]
Section 20-13-42 – Finding of discriminatory or unfair practice–Cease and desist order–Affirmative action required.
20-13-42. Finding of discriminatory or unfair practice–Cease and desist order–Affirmative action required. If, upon taking into consideration all the evidence at a hearing, the commission finds that a respondent has engaged in, or is engaging in, any discriminatory or unfair practice as defined in this chapter, the commission shall state its findings of fact and […]